Question Period Note: Daniels Litigation

The voices of Métis and Non-Status Indian peoples should be reflected in the path toward reconciliation, and we are committed to ensuring that the views, priorities and aspirations of those affected by this decision are heard.

We are working with National Indigenous Representative Organizations, including the Congress of Aboriginal Peoples and the Métis National Council, on an appropriate and effective response to the decision

On April 14, 2016, the Supreme Court of Canada, in a unanimous decision, allowed, in part, the Congress of Aboriginal Peoples’ appeal, and dismissed Canada’s cross-appeal of the Federal Court of Appeal decision in Daniels. The Supreme Court restored the trial judge's declaration that Métis and Non-Status Indians are Indians within the meaning of s. 91(24) of the Constitution Act, 1867. It set aside the Court of Appeal's conclusion that the s. 91(24) declaration should only apply to those Métis people who meet the Powley criteria and ruled that all Métis and Non-Status Indians were included under 91(24). The Supreme Court stated that determining whether particular individuals or communities are Non-Status Indians or Métis is a fact-driven question to be decided on a case-by-case basis in the future.

Recent and Ongoing Work in Support of Daniels:

• The Government of Canada signed an Accord with the Métis Nation on April 13, 2017, as a sign of our continued commitment to working with the Métis Nation on policy and specific issues aimed at improving the socio-economic conditions for the Métis people.
• The Government of Canada signed a new Political Accord with the Congress of Aboriginal Peoples, which represents off-reserve Status and non-Status Indians, NunatuKavut Inuit and Métis peoples, on December 5, 2018. The Accord identified joint policy priorities and received approximately $1.7M in funding in 2019-20.
• Crown-Indigenous Relations and Northern Affairs Canada has funded the Congress of Aboriginal Peoples and the BC Métis Federation to carry out Daniels-related projects in an effort to achieve further feedback from grassroots Indigenous people on the perceived implications of the case. These projects have been funded in the 2017-18 and the 2018-19 fiscal years.
• In May 2019, Crown-Indigenous Relations and Northern Affairs Canada launched an interdepartmental process on Post-Daniels Reconciliation to coordinate a whole-of-government response with participation from 17 other departments. Indigenous engagement is planned as part of this process.

If pressed on implementation

Since the decision I have heard several perspectives from Indigenous leaders regarding the potential impact on Métis and Non-Status Indian individuals and communities.
We are working closely with the Congress of Aboriginal Peoples and the Métis National Council to better understand the challenges and gaps they are facing.